Bombay HC prohibits potency test after eight years

MUMBAI: The Bombay High Court has ruled against conducting a potency test on a man after eight years of marriage. The decision came after the court reviewed a case involving a couple who were married for only 17 days in June 2017. The wife had requested the test to determine her husband's impotence at the time of their marriage. She claimed their marriage was not consummated due to this issue. The case began in October 2017 when she sought to annul the marriage under the Hindu Marriage Act. Initially, a family court allowed her request for a medical examination. However, experts were not available at Satara Civil Hospital, prompting the court to send the husband to Sassoon Hospital in Pune for evaluation in May 2019. A report from August 2019 showed no evidence of impotence. Justice Madhav Jamdar stated that it would not be proper to conduct a potency test so long after the marriage. He explained that aging can change sexual behavior and affect test results. The court ultimately quashed the family court order allowing the test, emphasizing the legal and medical concerns regarding timing.